Update on Waters of the U.S. Draft Guidance (June 27, 2011)

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have extended the public comment period by 30 days for the Draft Guidance on Identifying Waters Protected by the Clean Water Act. In response to requests from state and local officials, as well as other stakeholders, EPA will take additional comment on this important draft guidance that aims to protect U.S. waters until July 31, 2011. These waters are critical for the health of the American people, the economy and ecosystems in communities across the country.

This change in the public comment period will not impact the schedule for finalizing the guidance or alter the intent to proceed with a rulemaking.

Public input received will be carefully considered as the agencies make final decisions regarding the guidance. These comments will also be very helpful as the agencies prepare a Notice of Proposed Rulemaking.

The original 60-day public comment period was originally set to expire on July 1, 2011. The Agencies will be publishing a notice of this 30-day extension in the Federal Register.

Drinking Water and Edwards Creek, Texas
Crude oil was discharged into Edwards Creek, an intermittent stream near Talco, Texas (Titus County). Under existing guidance, EPA did not attempt to pursue enforcement of this violation because it was too complex to prove the water was protected under the Clean Water Act. No clean up was required under the Clean Water Act. More than 50 percent of residents in Titus County get their drinking water from sources dependent on these kinds of creeks.

Source: EPA’s Office of Enforcement and Compliance Assistance (OECA).

Recreation in Lake Blackshear, Georgia
Challenges in proving jurisdiction hampered enforcement efforts when a large animal feeding operation in Georgia.discharged liquid manure to tributaries. Unhealthy levels of viruses and bacteria were found downstream in Lake Blackshear, used for waterskiing and other water recreation.

Pollution in San Pedro River, Arizona
Storm water from construction sites carried oil, grease, and other pollutants into tributaries to the San Pedro River – an internationally recognized river ecosystem supporting diverse wildlife. However, the waters in question only flow for part of the year. EPA has had to discontinue all enforcement cases in this area because it was so time-consuming and costly to prove that the Clean Water Act protects these rivers.